Questions and answers

Question reference: S6W-22274

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 18 October 2023
Current Status: Answered by Angela Constance on 30 October 2023

To ask the Scottish Government how many breaches of discipline have been recorded by the Scottish Prison Service for a prisoner using an authorised mobile phone in a prison setting, since the introduction of this rule to the present date, broken down by financial year.

Question reference: S6O-02674

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 25 October 2023
Current Status: Taken in the Chamber on 2 November 2023

To ask the Scottish Government whether it will provide an update on the transition of HMP Kilmarnock into public ownership.

Question reference: S6W-21716

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 25 September 2023
Current Status: Answered by Angela Constance on 23 October 2023

To ask the Scottish Government whether it will provide a breakdown of all recorded police warnings classed under "other sexual crimes" in the publication, Criminal proceedings in Scotland statistics, using the Scottish Government Justice Directorate's crime code descriptions, in each period from 2018-19 to 2020-21.

The Criminal Proceedings in Scotland statistics reported 38 recorded police warnings for ‘other sexual crimes’ over 2018-19 to 2020-21. All but one of them relate to breaches of Section 127 (1) of the Communications Act 2003, which has the crime code description of Communications Act 2003 (Sexual). Whist the remaining case was for a different crime, Police Scotland have confirmed this was a data error and didn’t receive a recorded police warning.

Under Section 127 (1) of the Communications Act, it is an offence to send by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or to cause any such message or matter to be sent. When recording these offences, police officers judge whether the content of the communication is sexual or non-sexual in nature. If the former it will be recorded as a Communications Act (2003) sexual crime, within the ‘other sexual crimes’ category. If non-sexual, it will be recorded as a general post office / telecommunications offence.

During 2018-19 to 2020-21, over one thousand (1,071) recorded police warnings were issued for non-sexual breaches of Section 127 (1). In reviewing their data on recorded police warnings, Police Scotland have identified that a small proportion of those far more voluminous non-sexual offences have mistakenly been classified as sexual breaches of Section 127 (1). This was the case for 17 of the 18 warnings included in the 2020-21 statistics under the ‘other sexual crimes’ category, which should instead have been recorded as non-sexual breaches. Whilst the remaining incident was for a sexual breach of Section 127(1), it has been confirmed a different disposal was given to a recorded police warning.

Based on the above, it is therefore likely there have been no recorded police warnings issued for an ‘other sexual crime’ over 2018-19 to 2020-21.

The next Criminal Proceedings in Scotland National Statistics (for 2021-22) will be published on 24 October. Scottish Government statisticians have worked with Police Scotland to ensure the data on recorded police warnings in 2021-22 reflects the true position, as a result of actions taken by the latter to rectify the above issue. We will also amend the previously published 2020-21 bulletin to (i) urge user caution when interpreting the recorded police warning figures for sexual crimes and (ii) highlight that revised data for 2020-21 will be produced following publication of the 2021-22 statistics.

Question reference: S6W-21454

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 19 September 2023
Current Status: Answered by Angela Constance on 2 October 2023

To ask the Scottish Government when the next Criminal Proceedings in Scotland statistics are due to be published.

Question reference: S6W-21090

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 06 September 2023
Current Status: Answered by Angela Constance on 21 September 2023

To ask the Scottish Government whether it has plans to roll out body-worn video cameras to all prison officers working across the Scottish Prison Service estate.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

I refer the member to the answer to question S6W-21088 on 21 September 2023. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

Question reference: S6W-21088

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 06 September 2023
Current Status: Answered by Angela Constance on 21 September 2023

To ask the Scottish Government whether any prison officers at HMP Kilmarnock who are equipped with body-worn cameras will retain these following the planned nationalisation of the prison in March 2024.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

Serco who currently operates HMP Kilmarnock are not contractually obliged to install Body Worn Video Cameras (BWVCs). There are currently no plans to retain BWVCs currently in use by Officers at HMP Kilmarnock, post-transfer in March 2024.

The feasibility of a pilot to test the introduction of BWVCs across the SPS estate is however being considered in partnership with Trade Union Partners.

Question reference: S6O-02571

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 20 September 2023
Current Status: Taken in the Chamber on 28 September 2023

To ask the Scottish Government what its position is on the introduction of road traffic congestion charging schemes.

Question reference: S6W-21089

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 06 September 2023
Current Status: Answered by Angela Constance on 19 September 2023

To ask the Scottish Government how many prison officers are equipped with body-worn video cameras across the Scottish Prison Service estate.

Question reference: S6T-01529

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 11 September 2023
Current Status: Taken in the Chamber on 12 September 2023

To ask the Scottish Government what its response is to reports that Police Scotland has issued more than 100,000 recorded police warnings over the past five years.

Question reference: S6W-19933

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 13 July 2023
Current Status: Answered by Angela Constance on 7 August 2023

To ask the Scottish Government, further to the answer to question S6W-08446 by Keith Brown on 20 May 2022, when the cost consultation exercise in relation to taking HMP Kilmarnock back into public ownership will be completed.

The Scottish Prison Service (SPS) is developing the operating cost of HMP Kilmarnock post transfer, with initial outcomes expected by the end of September 2023, and final submissions being provided within the usual budget planning process at the end of the calendar year.

SPS is working to agree proposals for a transitional operating model, and a target operating model, which is to be adopted within the first year of the prison transferring to the public sector.

2020-21	2021-22	2022-23	2023*	TOTAL
2,254	2,050	1,623	609	6,536

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